In re the City of New York

A grant of land by a sovereign to a private individual which includes within its territorial boundaries a stream of water subject to the ebb and flow of the tide does not, in the absence of evidence indicating a contrary intent, carry with it title to the bed of such stream. This would be so even though the stream is not referred to as a boundary in the description contained in the grant. That principle would seem to be applicable to the Dutch grant of 1643 to Throckmorton and thus we find that the bed of Baxter’s Creek was reserved to the Crown. Baxter’s Creek, however, flowed within…